Criminal appeals are often looked at as a chance for a defendant to reverse a guilty verdict or unfavorable pretrial decision, however appeals can work both ways. Prosecutors commonly appeal pretrial rulings to a higher court in order to improve their chances of a successful result at trial. In certain…
The Fourth Amendment to the U.S. Constitution forms a basis to protect criminal defendants from unreasonable searches and seizures. Millions of criminal defendants have been assisted by the Fourth Amendment’s exclusionary provisions, which prohibit the introduction of evidence obtained in violation of the Fourth Amendment. In a recently released judicial…
The Massachusetts criminal code is designed to allow prosecutors and judges discretion in charging and sentencing decisions in order to address the serious issue of repeat offenders. Criminal defendants with a prior record may be charged with different crimes than another person without a record. Additionally, a defendant’s record is…
For many individuals facing DUI charges in Massachusetts, the absence of breathalyzer evidence might seem like a silver lining. However, a recent judicial opinion sheds light on how prosecutors can still secure DUI convictions without relying on this traditional piece of evidence. At the Law Office of Patrick J. Murphy,…
With the increasing seriousness and public awareness of the nationwide opioid epidemic, Massachusetts lawmakers, prosecutors, and courts seem eager to address the problems by seeking quick convictions and harsh sentences for crimes relating to the distribution of heroin, fentanyl, and other opioids. While this strict enforcement of drug laws may…
In the realm of criminal defense law, few issues are as critical as the effectiveness of legal counsel. The United States and Massachusetts Supreme Courts have both established that Massachusetts residents are entitled to a constitutional right to effective criminal defense counsel after being charged with a crime. A panel…
In the pursuit of justice, one of the most fundamental principles is that every individual should be treated fairly, regardless of their race, ethnicity, or background. However, there are instances where law enforcement officers may engage in selective enforcement practices, targeting individuals based on their race, which raises serious concerns…
Sexual assault and rape prosecutions in Massachusetts involve some of the most serious allegations and consequences envisioned by the criminal code. Because the facts of a sexual assault case are often based upon the credibility of both the victim and the defendant, evidence that discredits a victim can be highly…
Massachusetts is the home to over 250,000 people who do not have legal status to live in the United States. Many undocumented residents arrived in the country legally but overstayed their visas or were not granted asylum and elected to stay without legal status. The Massachusetts House and Senate recently…
Courts in Massachusetts and nationwide are faced with a difficult task in prosecuting and sentencing juvenile offenders for serious crimes. Under certain circumstances, juveniles can be tried and sentenced as if they were adults, while judges also have the discretion to place the children in the custody of a youth…